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Indigenous Peoples and Conflict Resolution:

Extractive Industry’s Social and Environmental Impacts in Cambodia

Chuon El

Dual Campus MA International Peace and Conflict Studies

Foundation Course PCS-6000

Facilitator Mohit Mukherjee

September 13, 2009

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Indigenous Peoples and Conflict Resolution:

Extractive Industry’s Social and Environmental Impacts in Cambodia

Introduction

The Cambodian Land Law (2001) grants collective land ownership rights to indigenous
communities. This offers a unique chance for indigenous peoples in Cambodia to exercise
their right to self-determined development. In its development plan, as of today the
Cambodian government has licensed more than 100 mining companies throughout the
country, and granted 18 licenses at indigenous community areas in Rathanakiri province in
particular (Global Witness, 2009). This increasing number of companies has hopefully made
a significant contribution to Cambodia’s future economic growth and poverty alleviation,
especially enhancing the livelihoods of indigenous people living in the mining exploration
areas through the increase of employment in these places.

However, it is noted the provisions of the Land Law and mining licenses related to
indigenous communities have not been implemented and are frequently violated, favoring
powerful private and state interests, attracted to exploit the economic potential of areas
traditionally occupied by indigenous peoples. Alienation of land and forests from indigenous
communities has become the major threat to local livelihoods and traditional knowledge. It is
destroying the local community landscape (NGO Forum on Cambodia, 2006). To extend
more understanding about the social and environmental impacts caused by mining
exploration, especially the existing mechanisms to deal with the conflict over natural
resources, this paper aims to analyze environmental and social impacts and also apply the
conflict resolution approach by focusing on the negative impact of livelihood of indigenous
community, and supporting the Cambodian land law and international norms.

Environmental Impacts:

The Cambodian government has showed its political will to properly manage the
development of the kingdom's extractive industries. The development in the extractive
industry is to make a difference to the lives of the poor Cambodian people; especially
indigenous communities by creating jobs, driving growth, and raising the incomes of the
poorest people. But it is clear that the natural resource development cannot be sustained
unless the resource policies are concretely set up, such as property rights, land law, pollution
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regulation and government investments that influence resource availability either positively
and negatively (Siamwalla, A.2007: P.103).

Lack of pre-assessment of social and environmental impacts, the effective natural

resource management mechanism, people’s participation, and the private sector, especially
mining companies, often cause the problems among communities, civil society, the
international community, NGOs, companies, and the state which turn from development
perspective to grievance.

With context in mind, a key problem in developing alternative natural resource

approaches is the balance or tension between national policy and local implementation, that
is, between generalized approaches and catering to specific instances, between new
institutions and modification of existing institutional means of preventing or dealing with
conflict (Philip. H, & et al, 1999, p.46).

In the debate over the development in the mineral sector in Cambodia, the government
always says the money from the mineral sector will go into the central budget for
development projects, to pay civil servants, to cut state borrowing, and enhance the living
standard of rural people. In contrast, respect for the social and environmental impact
questions caused by mining exploration, which is a result of insufficient protection
mechanisms of mining companies to protect natural resources.

Rathanakiri local communities made numerous allegations of environmental pollution,

and accidents resulting in the loss of life from illegal, unsafe, small and large-scale mining
operations. Affected communities claim that loss of access to agricultural lands and forest
resources has already undermined food and water security, and they are fearful of the impact
of future expansion of extraction activities.

The environmentalists claim that there are two kinds of environmental destructions. First,
open-pit mining that uses very crude technology creates large-scale environmental
destruction, especially from toxic materials which pollutes the water and the air. This type of
pollution is difficult to see and monitor. Second, it is not possible to have a perfect closure of
a mine field because land cannot be brought back to its original state, and pollution will
remain (Villas. L, 2009). Due to weak local governance and corruption in mining resource
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management of the Cambodian government, mining companies have often evaded

responsibility when their mining exploration activities are harmful to the environment and the
community lives. Thus, the controversy has escalated between the mining sector and the local
land occupants over disputes about land use and property rights, environmental degradation,
illegal mining, and mining closures.

Social Impacts

Indigenous people in Cambodia traditionally live by cultivating forest covered areas, a

technique best know as widen agriculture, practiced like all over the world by indigenous
people living in tropical areas. Their main social unit is the village community. A council of
elders, chosen among the wisest and more experienced men and women of the village, helps
the community to make decisions, solve disputes and conflicts, maintain peace and solidarity
among members, and develop strategies for community well being.

But at present, indigenous people living in Cambodia have undergone the period of crisis
and extreme harshness that cannot be solved by their traditional resolution. In many cases as
the results of events affecting the whole Cambodian nation, while in some other cases they
were targeted in particular. Recently, indigenous territories have been targeted by a large
scale process of land expropriation and natural resources exploitation. Logging, mining, and
plantations are threatening the livelihood and survival of Ratanakiri province’s indigenous
communities (U.S Agency for International Development, May, 2004).

The cultural diversity of indigenous people has been grossly eroded because of the
extractive industries’ destruction of biological diversity and lands, territories, and resources
upon which their cultures are based. This erosion of cultural diversity is also a result of the
imposition of colonial systems and the settlement of non-Indigenous Peoples. Legal and
illegal mining companies enter into their territories with the promise of “development”
through employment, infrastructure building and payment of governmental taxes. Despite
these promises, there still exists a situation of dire poverty in those living closest to extractive
industry projects. However, this situation has fuelled conflicts between Indigenous Peoples,
the State, and extractive industry corporations, as well as causing divisions within the
Indigenous communities themselves. Destruction of Indigenous Peoples’ sacred sites and
areas of spiritual and cultural significance by extractive industries must stop.
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Peace and Conflict Resolution Approach

Although the United Nations, the government of Cambodia, civil society, and involved
NGOs have made many efforts to orientate the policies on the protected areas, these policies
have evolved substantially to the point where traditional human settlements are considered
parts of the ecosystems to be protected. In practice many countries in the world still apply
earlier insists on establishing frontiers, installing surveillance and mechanisms, eliminating or
reducing free access by local inhabitants, and ignoring demands for compensation or
alternative measures still can be applied (Oviedo. P, 1999, P.163). Under these circumstance,
the local community usually suffered and there is no assurance that the resources will be
managed on a sustainable basis because the regulations are defied and a permanent
atmosphere of conflict prevails.

The conflicts at the local level were often dealt with through customary or traditional
dispute resolution mechanisms. Traditional society did not necessarily share the
instrumentalist perspective of the modern global economic norm. However, with the
breakdown of traditional practices and the penetration of global economic forces to the local
level, such conflict now often comes under the jurisdiction of the state. The extending reach
of the industrial-consumer society has also transformed the definition of natural resource
conflicts (Stephen R. Tyler, 1999.P.264). The conflict over natural resources such as land,
water, and forests is ubiquitous (Ayling, R.; Kelly, K. 1997).

The indigenous people in Cambodia have competed for the natural resources they need or
want to ensure or enhance their livelihood. However, the dimension, level, and identity of
conflict vary greatly in their communities. The conflict over natural resources may have class
dimensions, pitting indigenous people who own the natural resources in their communities
against the mining companies, who got licenses from the government of Cambodia to operate
their business where indigenous communities are living (Chenier j. et al.1999).

In general, the struggling efforts of the government to prevent the conflict over natural
resources and ensure the sustainable development in the mineral sector must be recognized.
The Government of Cambodia has always committed to the protection and preservation of
Cambodia’s environment and its natural resources, meeting the needs of sustainable
development so far done. It is also committed to alleviating poverty, and ensuring that the
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benefits that mineral resources eventually bring to the country are distributed throughout all
levels of society. However, this mechanism seems not to be effectively implemented. It is
well explained on paper, but looking at the law implementation on the ground, these efforts
do not directly enhance the livelihood of people who are living in the mining exploration
areas.

In practice today, the traditional management systems of indigenous communities are also
being destroyed by individual sales of community land, many of which are being promoted
by powerful people who illegally dispossess indigenous communities of their communal
lands. In many cases, land sales are being approved by individual community members but in
an environment of insufficient information, disinformation, and sometimes threats and
intimidation (NGO Forum on Cambodia October, 2004). Some mechanisms have contributed
to the cause of conflict, such as when the decision made by indigenous people to sell their
land has not been made justly, or when there is an imbalance because of misinformation, for
example being told that their lands belong to the State and that the State will take them back
in the future (NGO Forum on Cambodia report 2004).

Another example is when local authorities themselves, who are law implementers,
arbitrarily sell land without informing the indigenous community which is living on the land.
In other cases, land is occupied or taken by indigenous or non-indigenous individuals, usually
those with power and connections, without any approval or acceptance of indigenous
communities (NG Forum on Cambodia report 2004).

As already mentioned in the introduction, the chapter of Cambodian Land Law 2001 on
indigenous communities adopted by Cambodian National Assembly implicitly recognized
that Cambodian development should not be seen as a uniform model for the entire
population, and special requirements are needed to respond to the situation of indigenous
peoples in Cambodia. These provisions in Chapter 3 of the Land Law followed the wishes
expressed by indigenous leaders during consultations, in which traditional methods of land
use and distribution were considered as unique, especially with regard to the community
ownership of land. The Land Law therefore recognizes the rights of indigenous communities
to continue to manage their lands in their traditional and communal manner.
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Furthermore, Cambodian is one of the United Nations members who have already ratified
the International Covenant for Economic, Social and Cultural Rights (ICESCR) in 1992; to
which Article 11(1) address the responsibilities of the state party. The ICESCR states that
"The States Parties to the present Covenant recognize the right of everyone to an adequate
standard of living for himself and his family, including adequate food, clothing and housing,
and to the continuous improvement of living conditions."

From these efforts, even though Cambodia has all the mechanisms and strong will to
prevent and deal with the conflict over natural resources, it is mainly indigenous people who
have suffered from mineral sector. The traditional management systems of indigenous
communities must be recognized, as these good practices are being destroyed by illegal and
ill-considered land concessions to large companies.

Conclusion

In conclusion, because of the lack of win-win policy in conflict resolution of natural

resource dispute, the government really cannot expect success in its development policy,
especially economic growth and the livelihood enhancement of the poor rural indigenous
people. Win-win outcomes occur when each side (indigenous communities and mining
companies) of a dispute feels they have won. Since both sides benefit from such a scenario,
any resolutions to the conflict are likely to be accepted voluntarily (Spangler .B, 2003). The
process of integrative bargaining aims to achieve win-win outcomes through cooperation
among government, NGOs, and civil society.

The government, donors, and civil society should work together as peacemakers, peace
builders, and peace educators to continue to support the pilot projects on indigenous
communal ownership. It must be clear that some official policies and legal interpretations
supporting the communal rights of indigenous people and declaring the illegality of land
alienation be released by the government and circulated widely in areas with indigenous
peoples. The mining companies who fail to respect their commitment as stated in the business
contract with the government should consider appropriate action through compensation to the
indigenous communities.
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References

Ayling, R.; Kelly, K. 1997. Dealing with conflict: Natural Resources And Dispute
Resolution. Commonwealth Forestry Review, 76(3),182–185.
Country for Sale: How Cambodia’s Elite Has Captured the Country’s Extractive Industries;
Global Witness, 2009. P.19.
Chenier j. et al, 1999, Copan, Hongduras: Collaboration For Identity, Equity, And
Sustainability; Cultivating Peace: Conflict And Collaboration In Natural Resource
Management; ISBN 0-88936-899-6, P.221.
Indigenous People In Cambodia; NGO Forum on Cambodia, 2006.
Indigenous Community and Other Stakeholders Address Conflict over Land and Forest
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Stephen R. Tyler, 1999, Policy Implications Of Natural Resource Conflict Management;
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Spangler .B, 2003, Win-Win, Win-Lose, And Lose-Lose Situation; Beyond Intractability;
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http://www.beyondintractability.org/essay/win-lose
Villas. L, 2009; The Manila Declaration Of the International Conference On Extractive
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